Marcella Corcoran Kennedy (Offaly, Fine Gael) | Oireachtas source

I welcome the opportunity to speak on this important report. I must be honest, however, by stating that I would prefer if I did not have to think about repealing the eighth amendment of the Constitution. It would have been preferable if the Constitution had not been amended in the first instance. Moreover, I would prefer if there was no need for abortion, all pregnancies were carried to full term without complications or the devastating news of fatal foetal abnormality, people who did not want to become parents used contraception all the time, girls and women were not raped and there were no victims of incest. I could go on but irrespective of what my preferences are, the reality is that abortion takes place in Ireland every day both legally - for medical reasons - and, more worryingly, illegally.

There is nothing new in unintended pregnancies. Our history of dealing with unintended pregnancies by putting girls and women into Magdalen laundries, mother and baby homes, industrial schools, county homes and other residential institutions is appalling testimony to that. In the 1980s, we had the Kerry babies tragedy and the persecution of Joanne Hayes and the tragic deaths of Ann Lovett, a 15 year old girl who died as a result of a secret birth, and her baby son. The 1990s brought the X case, which involved a pregnancy as a result of the rape of a 14 year old girl. We had the C case, the Miss D case and A, B and C v. Ireland. In 2012, we had the needless death of Savita Halappanaver as a result of a septic miscarriage. We also have evidence of women being kept alive against the wishes of their families. Many wanted pregnancies ended in unnecessary symphysiotomies in the 1950s, 1960s and 1970s and were carried out on women instead of caesarean sections. Furthermore, for decades women were considered unclean after delivering their babies and were required to be churched by lying prostrate on the altar of their local church after birth. Society's track record on how it treated our pregnant women is shameful and it is long past time that we addressed this issue.

Irish women travel abroad for abortions every day and women in every county take abortion pills at home every day. The harsh reality is that there are women and couples for whom abortion is the only option and we know that criminal laws do not deter women from seeking abortion. Where does this leave me, as a legislator and lawmaker? I have followed this debate carefully for many years. Most recently, I listened to and read the evidence provided to the Citizens' Assembly and joint committee hearings. I reflected on what I would have done if I had an unintended pregnancy. I do not have an answer to that question because I have never faced making that decision. However, I would like to believe I would not have made a decision to travel for an abortion as I have never thought I would want to have an abortion. The question I must ask is whether I have the right to impose my view on other women, their partners and husbands. As a legislator, I am expected to make decisions and I am charged with making a decision on this most difficult subject.

What should I do after carefully considering the medical and legal evidence? Do I support the committee recommendation? Do I agree to give the people an opportunity to make a decision to repeal the eight amendment and, if so, for what will the Oireachtas legislate if the referendum is carried? The easy option for me, as a politician, would be to sit on the fence and say nothing. However, I must ask what that course of action would say about me, as a lawmaker. If I were to say nothing publicly or disagree with the joint committee's recommendations, would it mean I was happy to allow the status quoto continue? This would mean that we, as a society, would continue to allow illegal and dangerous abortions to be carried out every day in every county and continue to force our women, daughters, sisters, nieces, wives and girlfriends to travel abroad to access abortion. Women are prepared to put themselves at risk of prosecution by buying abortion pills online, having made the agonising decision to do so. Moreover, they put their lives at risk when doing so because abortion pills purchased online are unregulated. They often undergo the experience alone, telling no one. Do I want this unsafe approach to women's health care to continue to be the norm?

I can only imagine the trauma of a woman who has taken abortion pills. Having suffered a miscarriage, I know the physical and mental pain of that loss. We now know that many of these women are excluded from our health care system because they fear prosecution if they go to their doctor. Some political parties have given their members the option of voting with their conscience on this matter. As a lawmaker, I must ask if my conscience would be clear if I stayed quiet on the findings of this report or voted against legislation to hold a referendum.

As legislators, when we hear the Minister for Health, Deputy Harris, cite figures regarding the number of women in each county who we know have had abortions abroad, we must accept that continuing to export our problem is not acceptable. There are many more women who have abortions abroad whom we do not know about. However, we know that in 2017 alone, 3,265 Irish women travelled to the United Kingdom and others travelled to other countries such as the Netherlands. More than 1,200 of the women who travelled to the UK were married, in civil partnerships or in a relationship, while 85% of them were between three weeks' and 12 weeks' pregnant. It is estimated that at least 170,000 Irish women have travelled to other countries for abortions since 1980.

It is now 2018 and I want all our women to have equal access to the health care they need in all circumstances, particularly at the most vulnerable time of an unintended pregnancy. Furthermore, our health care providers deserve certainty in their day-to-day care of women who need their services and must be able to deliver these services without fear of prosecution.

At this point, it is appropriate to highlight that there is a non-judgmental source of factual information available to citizens. Positive Options, which is funded by the HSE's crisis pregnancy programme, encourages women and their partners and families experiencing and unintended pregnancy to avail of the services of a State-funded counsellor for free, trustworthy and non-judgmental counselling at one of more than 50 centres nationwide.

Despite my personal feelings on abortion and having considered the evidence, particularly the medical evidence and lived experiences of those who gave evidence to the joint committee and Citizens' Assembly, I accept the finding of the report of the joint committee, which was more conservative than the recommendation of the Citizens' Assembly, to hold a referendum to repeal the eighth amendment. Women's health care should have no place in the Constitution. A woman's health care should be a matter for her and her doctor. If the eighth amendment is repealed, women will have more time to consider their decision. They will also benefit from non-health considerations, for example, in respect of travel restrictions and financial concerns. Women will receive follow-up care, including contraceptive advice and the provision of contraceptives in a timely manner. As in other countries, terminations would take place earlier in the gestation cycle, which would avoid surgical rather than medical termination.

Evidence provided at the joint committee illustrated that where abortion is legalised, the termination rate declines. Furthermore, in countries where abortion is banned, the rate of women dying remains high. While I have some difficulty with the 12-week gestational timeframe, the proviso that it be availed of through a general practitioner-led service in a clinical context provides me with some reassurance.

An important aspect of the report relates to ancillary services which arose from the recommendations of the Citizens' Assembly. These relate to decriminalisation, better availability of contraception, an overhaul of sex education and better counselling and obstetrical care, all of which I support and should be discussed in greater detail.

I hope we will have a calm and respectful debate and that we, as legislators, will lead by example. Furthermore, I sincerely ask Deputies who wish to contribute to the debate to read the report in advance. It is not lengthy and sets out clearly the rationale of the committee members in making their recommendations. I hope we will have a referendum as soon as possible and we will have a good turnout. I also hope the women of the country and the men who love them will vote to repeal simpliciter in order that they can enjoy full and equal access to health care in their own country when they need it. That is what I intend to do.

I thank the chairperson, Senator Noone, and members of the joint committee who undertook the work of examining the first report and recommendations of the Citizens' Assembly chaired by Ms Justice Mary Laffoy. Both the committee and the Citizens' Assembly examined the evidence on this most complex and emotive issue with careful consideration and thoughtful deliberation and I acknowledge and thank their members for this work. Many women and advocates, including those who have lived through the experience, have campaigned long and hard on this issue and I thank them also.

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